By Angelita Chavez-Halaka and Armando Escobedo

Summary

Beginning September 11, 2018, USCIS will exercise full discretion to deny any application which fails to establish eligibility based on inadequate initial evidence. This change means that denials can be issued without a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

UPDATE: Checklists for Initial Evidence

In light of the Policy Memo on NOIDS and RFES, USCIS has provided checklists to assist in collecting and submitting required initial evidence when submitting applications for immigration benefits.

The following are some USCIS Forms samples where you may find Checklists for Initial Evidence:

• Form I-90 to renew Legal Permanent Resident
• Form I-129 Petition for Nonimmigrant Worker
• Form N-400 Application for Naturalization
• Form I-864 Affidavit of Support

Please note that these document checklists do not substitute form instructions or regulations to establish eligibility. Therefore, applicants should carefully read petition forms and instructions and follow regulations.

Consult with your Immigration Practitioner to clarify questions regarding the required documentation and evidence for your petition type.

As always, we will continue to monitor and provide updates on this policy change.

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